The Turkish Patent and Trademark Office (TÜRKPATENT) offers an accelerated search report mechanism for patent applications, enabling applicants to significantly shorten the time required to obtain a search report.
This system is particularly valuable in fast-moving industries, licensing negotiations and enforcement strategies where early visibility on patentability is critical.
Legal framework
The accelerated search report procedure is governed by:
- Industrial Property Code No. 6769
- Implementing Regulation of the IP Code
- Official Fee Communiqué of TÜRKPATENT
- Internal Procedures and Principles on Accelerated Search Reports
The legal basis primarily stems from Article 96 of the IP Code, which regulates the issuance of search reports.
Scope of accelerated search
Accelerated search reports:
- Are available for all patent applications filed before TÜRKPATENT
- Cover all technology fields and IPC classes
However:
- TÜRKPATENT may limit the number of requests per applicant annually
- Such limitations are announced via the electronic application system
How to request an accelerated search report
To benefit from the accelerated procedure, the applicant must:
- File a request for accelerated search
- Pay:
- Standard search report fee, and
- Additional accelerated search fee
The accelerated search fee is typically twice the standard search fee.
If the additional fee is not paid:
- The request is deemed not filed
The request may be submitted:
- Together with the search request, or
- At a later stage during prosecution
Timeline for accelerated search reports
Once a valid request is filed:
- The search report is issued within 6 months
The starting point depends on the application status:
- If no formal deficiencies exist → from the request date
- If deficiencies exist → from the date of remedy
After issuance:
- The procedure continues under standard Article 96 examination steps
Withdrawal and fee refund
The system also provides a safeguard for applicants.
If TÜRKPATENT fails to issue the search report within the 6-month period:
- The applicant may:
- Withdraw the accelerated request, and
- Request a refund of the accelerated fee
In such case:
- The application proceeds under the standard (non-accelerated) search procedure
Practical advantages
The accelerated search mechanism offers several strategic benefits:
- Faster patentability assessment
- Earlier identification of prior art risks
- Improved timing for:
- Licensing discussions
- Investment decisions
- Enforcement planning
It is particularly useful for applicants seeking:
- Rapid portfolio development, or
- Early-stage commercial certainty
Practical considerations
While the system is straightforward, applicants should note:
- Formal deficiencies may delay the start of the 6-month period
- Fee payment is critical for validity of the request
- Annual request limits may apply in practice
Careful timing of the request can therefore optimize both cost and speed.
Conclusion
Accelerated search reports in Türkiye provide an effective tool for applicants who require speed and certainty in patent prosecution.
By combining a relatively simple request mechanism with a predictable 6-month timeline, the system enhances the efficiency of patent strategy and aligns well with commercial realities in innovation-driven sectors.
